Ross v. Lister
Texas Supreme Court
Error from Shelby. Injunction by the plaintiff in error to enjoin the sale of property taken in execution by the Sheriff, on a judgment in favor of the defendants in error. The ground alleged was that the levy had been made in violation of the defendant’s right to point out property.
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Error from Shelby. Injunction by the plaintiff in error to enjoin the sale of property taken in execution by the Sheriff, on a judgment in favor of the defendants in error. The ground alleged was that the levy had been made in violation of the defendant’s right to point out property. The execution was for $191 97j-, and was issued March 13, 1853. It appears that the Sheriff, on the morning of the 15th March, accosted the defendant in execution near the Courthouse in the town of Shelbyville, and demanded payment of the execution or a levy; that the defendant replied that he would give a levy.…
1Opinion of the CourtWheeler, J.
We are of opinion that the Court did not err in holding that property reserved by law for the family and exempt from execution, was not subject to be levied on or-*474taken in execution, though with the consent of the head of the family. The fact that the horse in question was so exempted, was a sufficient excuse for the Sheriff, for refusing to levy upon the horse. The two houses and lots were subject to the lien of former judgments ; besides, one of them did not, at the time, belong to the defendant in execution; and the other was not ■of value sufficient to satisfy the execution, or any…
2Cited by14 opinions
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- Anderson v. Oldham WardTexas Supreme Court · 1891
- Clegg v. DarraghTexas Supreme Court · 1885
- Cameron v. StateCourt of Criminal Appeals of Texas · 1961
- House v. PhelanTexas Supreme Court · 1892
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